WESTCHESTER FIRE INSURANCE COMPANY v. SPERLING

No. 22836.

421 F.2d 141 (1970)

WESTCHESTER FIRE INSURANCE COMPANY, Appellant, v. Paul SPERLING dba Sperlings Dress Shop, Appellee.

United States Court of Appeals Ninth Circuit.

January 13, 1970.


Attorney(s) appearing for the Case

Gene Groff (argued), Bolton, Groff & Dunne, Los Angeles, Cal., Morse & Graves, Las Vegas, Nev., for appellant.

J. Charles Thompson (argued), David Goldwater, of Wiener, Goldwater & Galatz, Las Vegas, Nev., for appellee.

Before HAMLEY and MERRILL, Circuit Judges, and POWELL, District Judge.


PER CURIAM:

This is an appeal from a judgment of the District Court of Nevada in a diversity case. Jurisdiction is under 28 U.S.C. § 1332. The sole issue is whether the action against the appellant insurance company is barred by the time limitations set out in the policy.

On January 28, 1965 a burglary of the appellee's dress shop was discovered. This action was commenced February 18, 1966, which was one year and 21 days after the discovery of the burglary...

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